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Judgment on Gitmo two now on June 22

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The Supreme Court has rescheduled its judgment to June 22 in the case in which government is being challenged over the legality of its decision to accept the two Guantanamo bay detainees in the country.

The seven member panel presided over by Justice William Atuguba however ordered counsels in the matter to file further submissions independently in relations to Article 75 and 83 of the 1992 Constitution by May 24.

According to the court after having a conference on the matter issues pertaining to the Article 83, 84 and 75 brought out certain issues that ought to be considered.

It noted that the interpretation of article 75 and 83 of the constitution with regard to the substantive case, was complex and needed further submissions from parties for their consideration as this matter had security implications.

The court sought to find out whether or not if Ghana could unilaterally “walk away” from an international obligation if the laws of the country went contrary.

Government has been challenged for bringing into the country two former Guantanamo bay detainees, without recourse to the laws of the land.

Nana Agyei Baffour represented the Plaintiffs, Margaret Bamful and Henry Nana Boakye while Ms Ivy Vanderpuije, a Senior State Attorney, stood in for the Attorney General and the Minister of Interior.   

Margaret Bamful and Henry Nana Boakye last year sued the Attorney General and Minister of Justice as well as the Minister of Interior, accusing government of illegally bringing in the two former Gitmo detainees, without recourse to the laws of the land. 

The two plaintiffs were, therefore, seeking a true and proper interpretation of Article 75 of the 1992 Constitution of Ghana, the President of the Republic of Ghana acted unconstitutionally by agreeing to the transfer of Mahmud Umar Muhammad Bin Atef and Khalid Muhammad Salih Al-Dhuby.

They contended that the presence of two Guantanamo detainees in the country was unconstitutional and was such inviting the Supreme Court to abrogate agreement on the two.

 Two Guantanamo bay detainees, Atef and Al-Dhuby had been in detention for 14 years by the United States after being linked with the terrorist group Al-Qaeda.

Source: GNA

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